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CC Resolution No. 9610 . ,n . . ' ~ ~ RESOLUTION NO. 9610 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ACCEPTING A GRANT OF EASEMENT FOR PUBLIC UTILITIES FROM HAROLD GEORGE BARCLAY AND KATHRYN L. F. BARCLAY; LOCATED 22605 RICARDO ROAD; APN 356•01-010 WHEREAS, Hnrold George Barcluy and Knthryn L. F. Barclay have executed a Grant of Easement which is in good and sufficient form, conveying to the City of Cupertino, Grantee, an easement for public utility purposes over the property situate in the Ciry of Cupertino, County of Santa Clura, State of Culifornia, more particularly described in Exhibit "A" and Exhibit "B", attached hereto and made a purt hereof. All that certain real property situate in the City of Cupertino, County of Santa Clara, State of California, located at 22605 Ricardo Road, APN 356- 01-010. NOW, THEREFORE, BE IT RESOLVED that the City of Cupertino accept said grant so tendered; and BE IT FURTfiER RESOLVED, that the City Clerk is hereby authoriud to record said Grant of Easement and this resolution. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 6th day of May, 1996, by the following vote: Y9I~ Mtmbsls Qf iha Sitx ~il AYES: Bauctsrg. Chang, Dean. Burnett NOES: None ABSENT: Sorensen ABSTAM: None ATTEST: APPROVED: L ~Q ~ City Clerk Mayor, ~ty of Cupertino . ' ~ • GRANT OF EASEMENT tor PUBLIC UTII.TTIES APN 356-O1-010 22605 Ricardo Road Aarold George Barclav and Kathrvn L.F. Barclav, husband and wife, hereinafter cailed Grantor, hereby grant(s) to the CITY OF CUPERTINO, a municipal corporauon, hereinafter called Grantee, the right to excavate for, install, maintain and use PUBLTC UT[LITY EASEMENT as Grantee shall &om time to time elect within the hereinafter described property of certain premises which a~e situate in the City of Cupertino, County of Santa Clara, State of Califomia, and described as follows: (See Exhibit A & B) Grantor hereby further grants to Grantee the right and privilege to enter upon his lands contiguous to and along the line of said hereinabove described strip for the purpose of locating, constructing, repairing or maintaining said PUBLiC UTiLl'CY EASEMENT for the purpose of doing any necessary or Iawful act in coruiection with the construction or maintenance of said ~ EASEMENT; there is also granted the right of the use of sufficient land contiguous to said strip on eitha or both sides thereof for the purposes of excavation of and deposit of earth and necessary building materia during the time of constructing said EASEMENT and any repair thereof. The foregoing is subject to the fotiowing express conditions: The Grantee agrees to restore the ground surface and any improvements thereon to its original grade or condition insofar as it is practicable and reasonable to do sa IN WITNESS Wf~REOF, said parties have executed this Grant of Easement this day of ~l /~r . 19 Y~ Owners: ~l.,~.P~ d4 aro rge c ay - K thryn .F. ~ clay ~ (Notary acknowledgment to be attached) , ~ ~ . Joe L. Akers Akers 8 Associates, Inc. Civil Engtneering 512 Capitol8 Ave., ~201 Capitola, CA 95010 EXHIBIT A (APN 3b8-01-010) ' DEDICATION FOR PUBLIC UTILITY PURPOSES All that certain real property situate in the City of Cupertino, County of Santa C1ara, State of California and being a portion of Lots 59 and 60 as said lots are shown upon that certain map entitled, "Map of the 9th Addition Monta Vista," wt?ich map was recorded April 11, 1917 in Book "P" of Maps at Page 16 Santa Ciara County Official Records and being more particularly described as follows: Commencing at the common lot corner of Lots 59 and 55 on the Northerly line of Ricardo Road as said lots and road are~shown upon said "Map of the 9th Addition Monta Vista"; thence N 40'15'46" W, (N 39'43' W, Map) along the Northeasterly line of said lot 59, a distance of 6.55 feet to the true point of beginning; thence West along a line parallel with and distant 5.00 feet Northerly measured at right angles from said Northerly line of Ricardo Road, 187.70 feet to the beginning of a tangent curve to the right; thence Westerly, Northwesterly and Northeasterly along said curve having a radius of 20.00 feet, a central angie of 122'29'10" and an arc isngth of 42.78 feet Lo a line parallel with and distant 10.00 feet Southeasterly measured at right angles from the Southeasterly line of Stevens Canyon Road (former•ly San Jose Road); thence S 57'30'S0" E, 5.00 feet; thence Southwesterly, Southeasterly and Easterly from a tangent bearing of S 32'29'10" W, along a curve to the left having a radius of 15.00 feet, a central angle of 122'29'10" and an arc length of 32.07 feet to a line parallel with and distant 10.00 fest Northerty measured at right angles from said Northerly line of Ricardo Road; , • , thence East along last said parallel line 183.46 feet to the said Northeasterly line of Lat 59; thence S 40'15'46" E, (S 39'43' E, Map) along said Northeasterly line 6.55 feet to the true point of beginning. Containing an area of 1115 square feet more or less. QROf ES510Nq hQ~o ~ 4 n~~ ! ~cZ W ~ ~ m ~ ?~~Q ~ 'rj, CIV\(, alF Of gp1.\E~Q ~ Y . . . . . . . _ . . . . . . . . . . . ~ JOE L. AKERS , EXH 1~IT 8 crvu. ENGINEEIi `~Y_, PLAT TO DEDICATE ROAD ~u~~~-~ ~a~• , R~G4tT OF WAY AND P.U.E. . ~ 4'~Rr~~ . ~ SbA ` ~ ~ a~, . ~ ~p. ~ ~ 0~. ~30~-91 i} ,P~ CIYI~ ~~O• ~ OF CAL\E~ Q ~ ~S'• 0~ ~ ~a , ~ • ? • f9' 1 11) . . . rd p •p" h~ `~8 F1 '6 ~ P \ ~ MAP oF qrK Ap~1~N !'•1~NT\V15TA I) ~~~0 ` . 9CAlE~ l`• 90' ~ t7 P tit l~~ ` / DATC~ 5-22•~L ~ ~ / ~ BY~~ 7 0 \ . ~ ~r~ LANOS OF BARGI.J?Y ' \ r / ~ `Vj~ ~~v /REhWNIN6 ARF..~~IL.l.30S.F.f ~risJ/ 1 t. 06 'p ` .ti ~~r ~ ~ 5~ ~ a~ N 6a \ n 1 . ~ ` 5'P.U.E(lu5 S.p.~) r \ ~ ~ M y .~'ar~ ~~,o • ,.~~31v95.p.t ~b3.4L,' ~ (e.55 R~ ~ ~ ,~d+ ~a ~a ~ ~ I'~ i . s 16Z?O' a d i~\1:.~~~~~\~.\\\t.\~\~'.•`•.~ ~ ~11b.Ob? ~~\\t~ ~ ~ . ~AST ` (Y52.9' ~ ~ N 6.55'~ , 0 ' R 1 GAR DO ROAO • ~ ~ STATE OF CALIFORNIA ) ) es COUNTY Or^ SANTA CLARA ) On this ~ day of , 1996 before me, Terry McHuqh , a Nota Pu lic, personally appeared Kathrvn L.F. Harclav and Harold Georae Barclay , peraonally known to me (or proved to me on the basis of satis- factory evidence) to be the persons whose names are subscribed to the within instrument and acknowledqed to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) ~r, My commission expir ~~~~7 ~ ~!L'D ~ / ~ TERRY McHUGH ~ Comm.a10907t9 c ~ NOTApY PUBUC - CAUFORNIA~ G SANiA CUqA COUN ~ ~ Comm. Lr.p March f i C000 ~